Enclave and exclave

An enclave is a territory, or a part of a territory, that is entirely surrounded by the territory of one other state.[1] Territorial waters have the same sovereign attributes as land, and enclaves may therefore exist within territorial waters.[2]:60

An exclave is a portion of a state or territory geographically separated from the main part by surrounding alien territory (of one or more states).[3] Many exclaves are also enclaves. Enclave is sometimes used improperly to denote a territory that is only partly surrounded by another state.[1]Vatican City and San Marino, enclaved by Italy, and Lesotho, enclaved by South Africa, are the only completely enclaved states. Unlike an enclave, an exclave can be surrounded by several states.[4] The Azerbaijani exclave of Nakhchivan is an example of an exclave.

Semi-enclaves and semi-exclaves are areas that, except for possessing an unsurrounded sea border (a coastline contiguous with international waters), would otherwise be enclaves or exclaves.[4]:116[5]:12–14 Enclaves and semi-enclaves can exist as independent states (Monaco, Gambia and Brunei are semi-enclaves), while exclaves always constitute just a part of a sovereign state (like the Kaliningrad Oblast).[4]

A pene-enclave is a part of the territory of one country that can be conveniently approached—in particular, by wheeled traffic—only through the territory of another country.[6]:283 Pene-enclaves are also called functional enclaves or practical enclaves.[5]:31 Many pene-exclaves partially border their own territorial waters (i.e., they are not surrounded by other nations' territorial waters), such as Point Roberts, Washington. A pene-enclave can also exist entirely on land, such as when intervening mountains render a territory inaccessible from other parts of a country except through alien territory. A commonly cited example is the Kleinwalsertal, a valley part of Vorarlberg, Austria, that is accessible only from Germany to the north.

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The word enclave is French and first appeared in the mid-15th century as a derivative of the verb enclaver (1283), from the colloquial Latin inclavare (to close with a key).[7] Originally, it was a term of property law that denoted the situation of a land or parcel of land surrounded by land owned by a different owner, and that could not be reached for its exploitation in a practical and sufficient manner without crossing the surrounding land.[7] In law, this created a servitude[8] of passage for the benefit of the owner of the surrounded land. The first diplomatic document to contain the word enclave was the Treaty of Madrid, signed in 1526.[2]:61

Later, the term enclave began to be used also to refer to parcels of countries, counties, fiefs, communes, towns, parishes, etc. that were surrounded by alien territory. This French word eventually entered the English and other languages to denote the same concept, although local terms have continued to be used. In India, the word "pocket" is often used as a synonym for enclave (such as "the pockets of Puducherry district").[9] In British administrative history, subnational enclaves were usually called detachments or detached parts, and national enclaves as detached districts or detached dominions.[10] In English ecclesiastic history, subnational enclaves were known as peculiars (see also Royal Peculiar).

Different territories (countries, states, counties, municipalities, etc.) are represented by different colours and letters; separated parts of the same territory are represented by the same colour and letter, with a different number added to each smaller part of that territory (the main part is identified by the letter only).

A:

possesses 3 exclaves (A1, A2 and A3): it is impossible to go from the main part of A to any of these parts going only through territory of A; however:

A1 and A2 are not enclaves: neither of them is surrounded by a single "foreign" territory;

Enclaves exist for a variety of historical, political and geographical reasons. For example, in the feudal system in Europe, the ownership of feudal domains was often transferred or partitioned, either through purchase and sale or through inheritance, and often such domains were or came to be surrounded by other domains. In particular, this state of affairs persisted into the 19th century in the Holy Roman Empire, and these domains (principalities, etc.) exhibited many of the characteristics of sovereign states. Prior to 1866 Prussia alone consisted of more than 270 discontiguous pieces of territory.[2]:61

Residing in an enclave within another country has often involved difficulties in such areas as passage rights, importing goods, currency, provision of utilities and health services, and host nation cooperation. Thus, over time, enclaves have tended to be eliminated. For example, two-thirds of the then-existing national-level enclaves were extinguished on August 1, 2015, when the governments of India and Bangladesh implemented a Land Boundary Agreement that exchanged 162 first-order enclaves (111 Indian and 51 Bangladeshi). This exchange thus effectively de-enclaved another two dozen second-order enclaves and one third-order enclave, eliminating 197 of the Indo-Bangladesh enclaves in all. The residents in these enclaves had complained of being effectively stateless. Only Bangladesh's Dahagram–Angarpota enclave remained.

For illustration, in the figure (above), A1 is a semi-enclave (attached to C and also bounded by water that only touches C's territorial water). Although A2 is an exclave of A, it cannot be classed as an enclave because it shares borders with B and C. The territory A3 is both an exclave of A and an enclave from the viewpoint of B. The singular territory D, although an enclave, is not an exclave.

An enclave is a part of the territory of a state that is enclosed within the territory of another state. To distinguish the parts of a state entirely enclosed in a single other state, they are called true enclaves.[5]:10 A true enclave cannot be reached without passing through the territory of a single other state that surrounds it. Vinokurov (2007) calls this the restrictive definition of "enclave" given by international law, which thus "comprises only so-called 'true enclaves'".[5]:10 Two examples are Büsingen am Hochrhein, a true enclave of Germany, and Campione d'Italia, a true enclave of Italy, both of which are surrounded by Switzerland.

The definition of a territory comprises both land territory and territorial waters. In the case of enclaves in territorial waters, they are called maritime (those surrounded by territorial sea) or lacustrine (if in a lake) enclaves.[5]:10 Most of the true national-level enclaves now existing are in Asia and Europe. While subnational enclaves are numerous the world over, there are only a few national-level true enclaves in Africa, Australia and the Americas (each such enclave being surrounded by the territorial waters of another country).

An historical example is West Berlin before the reunification of Germany. Since 1945, all of Berlin was ruled de jure by the four Allied powers. However, the East German government and the Soviet Union treated East Berlin as an integral part of East Germany, so West Berlin was a de facto enclave within East Germany. Also, 12 small West Berlin enclaves, such as Steinstücken, were separated from the city, some by only a few meters.[11]

Historically, four Bantustans (or "Black homelands") of South Africa were granted nominal independence, unrecognized internationally, by the Apartheidist government from 1976 until their reabsorption in 1994. Others remained under government rule from 1948 to 1994. Being heavily partitioned, various parts of these Bantustans were true enclaves.

To establish jurisdiction, the Scottish Court in the Netherlands, at Camp Zeist near Utrecht, was temporarily declared as sovereign territory of the United Kingdom under Scots law for the duration of the trial of those accused in the Lockerbie bombing, and was therefore an exclave of the United Kingdom and of Scotland, and an enclave within the Netherlands. This was also so during the appeal against the conviction. The court was first convened in 1999, and the land returned to the Netherlands in 2002.[12][13]

True exclave is an extension of the concept of true enclave. In order to access a true exclave from the mainland, a traveller must go through the territory of at least one other state. Examples include:

Büsingen am Hochrhein is an enclave and exclave of Germany surrounded by Switzerland. The shortest distance from Büsingen's borders to the main portion of German territory is only about 700 metres (about 2,300 ft).

Semi-enclaves and semi-exclaves are areas that, except for possessing an unsurrounded sea border, would otherwise be enclaves or exclaves.[4]:116[5]:12–14 Semi-enclaves can exist as independent states that border only one other state, such as Monaco, the Gambia and Brunei. Vinokurov (2007) declares, "Technically, Portugal, Denmark, and Canada also border only one foreign state, but they are not enclosed in the geographical, political, or economic sense. They have vast access to international waters. At the same time, there are states that, although in possession of sea access, are still enclosed by the territories of a foreign state."[5]:14 Therefore, a quantitative principle applies: the land boundary must be longer than the coastline. Thus a state is classified as a sovereign semi-enclave if it borders on just one state, and its land boundary is longer than its sea coastline.[5]:14, 20–22

Vinokurov affirms that "no similar quantitative criterion is needed to define the scope of non-sovereign semi-enclaves/exclaves."[5]:14, 26[16] Examples include:

Pondicherry district, of the Union Territory of Puducherry, is made of 12 non-contiguous parts,[17] many of them true enclaves entirely surrounded by the state of Tamil Nadu. Before Pondicherry, along with the other territories of French India, was absorbed into India in 1954, they were enclaved within the Union of India, and before that the British Raj. Also a legacy of the French colonial period, the Mahe district is made of three non-contiguous parts enclaved within the state of Kerala.

San Colombano al Lambro is an exclave of the province of Milan at the junction between the Pavia and Lodi provinces. The exclave arose when the province of Lodi was carved out of the province of Milan, but a referendum in San Colombano indicated the locals' wish to stay in Milan. As a result, the commune is the only wine-producing area in the mostly urbanized province of Milan.

The term pene-exclave was defined in Robinson (1959) as "parts of the territory of one country that can be approached conveniently – in particular by wheeled traffic – only through the territory of another country."[6]:283 Thus, a pene-exclave, although having land borders, is not completely surrounded by the other's land or territorial waters.[18]:60Catudal (1974)[19]:113 and Vinokurov (2007)[5]:31–33 further elaborate upon examples, including Point Roberts. "Although physical connections by water with Point Roberts are entirely within the sovereignty of the United States, land access is only possible through Canada."[19]

Pene-enclaves are also called functional enclaves or practical enclaves.[5]:31 They can exhibit continuity of state territory across territorial waters but, nevertheless, a discontinuity on land, such as in the case of Point Roberts.[5]:47 Along rivers that change course, pene-enclaves can be observed as complexes comprising many small pene-enclaves.[5]:50 A pene-enclave can also exist entirely on land, such as when intervening mountains render a territory, although geographically attached, inaccessible from other parts of a country except through alien territory. A commonly cited example is the Kleinwalsertal, a valley part of Vorarlberg, Austria, that is only accessible from Germany to the north, being separated from the rest of Austria by high mountains traversed by no roads. Another example is the Spanish village of Os de Civís, accessible from Andorra.

Hence, such areas are enclaves or exclaves for practical purposes, without meeting the strict definition. Many pene-exclaves partially border the sea or another body of water, which comprises their own territorial waters (i.e., they are not surrounded by other nations' territorial waters). They border their own territorial waters in addition to a land border with another country, and hence they are not true exclaves. Still, one cannot travel to them on land without going through another country. Attribution of a pene-enclave status to a territory can sometimes be disputed, depending on whether the territory is considered to be practically inaccessible from the mainland or not.[5]:33

Point Roberts, Washington, is an unincorporated community in Whatcom County—located on the southernmost tip of the Tsawwassen Peninsula, south of Delta, British Columbia, Canada—that can be reached by land from the rest of the United States only by traveling through Canada.

The southern part of the Province of Venice, Veneto, can be reached directly from the rest of the province only by boat. By land it can be reached only traveling through the Province of Padua because territorial continuity with the main part of the province exists only through some unconnected islands and islets.

Several portions of land on the New Jersey side of the Delaware River belong to Delaware. Within the Twelve-Mile Circle, Delaware's border extends to the low-water mark across the river. South of the Circle, the Delaware-New Jersey border follows the middle of the river and bay.

The city of Carter Lake, Iowa is separated from the rest of the state of Iowa by the Missouri River, which changed course during a flood in 1877, cutting the city off from the rest of the state. It is now only accessible through Omaha, Nebraska.

The village of Kaskaskia, Illinois, the state's first capital, is separated from the rest of Illinois by the Mississippi River due to a flood in 1881, which shifted the river to flow east of the town, rather than west. This resulted in the only access to the town being from Missouri.

It is possible for an enclave of one country to be completely surrounded by a part of another country that is itself an enclave of the first country. These enclaves are sometimes called counter-enclaves.

The former complex of enclaves at Cooch Behar district included 24 second-order enclaves and one small third-order enclave called Dahala Khagrabari #51: a piece of India within Bangladesh, within India, within Bangladesh. The Indo-Bangladesh enclaves were exchanged on 31 July 2015 by the ratified Land Boundary Agreement, and Dahala Khagrabari was ceded to Bangladesh.

Székely Land is a Hungarian ethnic enclave within Romania, with its people calling themselves Székely. Originally, the name Székely Land denoted an autonomous region within Transylvania. It existed as a legal entity from medieval times until the Austro-Hungarian Compromise of 1867, when the Székely and Saxon seats were dissolved and replaced by the county system. Along with Transylvania, it became a part of Romania in 1920, according with the Treaty of Trianon signed on 4 June 1920 at the Grand Trianon Palace in Versailles, France. In 1938–1940, during World War II, post-Trianon Hungary temporarily expanded its territory and included some additional territories that were formerly part of the pre-war Kingdom of Hungary, under Third Reich auspices, the Second Vienna Award. It was later reduced to boundaries approximating those of 1920 by the peace treaties signed after World War II at Paris, in 1947. The area was called Magyar Autonomous Region between September 8, 1952 and February 16, 1968, a Hungarian autonomous region within Romania, and today there are territorial autonomy initiatives to reach a higher level of self-governance for this region within Romania.[citation needed]

Diplomatic missions, such as embassies and consulates, as well as military bases, are usually exempted from the jurisdiction of the host country, i.e., the laws of the host nation in which an embassy is located do not typically apply to the land of the embassy or base itself. This exemption from the jurisdiction of the host country is defined as extraterritoriality. Areas and buildings enjoying some forms of extraterritoriality are not true enclaves since, in all cases, the host country retains full sovereignty. In addition to embassies, some other areas enjoy a limited form of extraterritoriality.

By treaty of 2 November 1929, Czechoslovakia obtained the lease for 99 years of two plots of land (in the Moldauhafen and in the Saalehafen), both within the perimeter of the free port of Hamburg. Another plot, in the Peutehafen, was purchased by the Czechoslovak government in 1929; this plot lies just outside the free-port perimeter.[26][27][28]

Saalehafen – approximately 2 ha of land on Hallesches Ufer, on the southeastern bank of the Saalehafen.

Moldauhafen – approximately 0.5 ha of land on Dresdener Ufer, on the southeastern bank of the Moldauhafen.

Peutehafen – the narrow peninsula between the Peutekanal and the Peutehafen dock, comprising 8.054 ha of land and 0.5 ha of water surface.

In Szczecin, Poland, a similar provision existed following the Treaty of Versailles for Czechoslovakia to have access to the harbor, which until the end of World War II was located in Germany. From 1945, when Szczecin became part of Poland, Czechoslovakia possessed no extraterritorial rights there.[29] It appears that the German concession ceased at the end of the war and that no successor paid attention to the pre-war rights that Czechoslovakia had under the Versailles Treaty. Neither the Polish nor the occupying Russians appear to have assumed any of Germany's pre-war liabilities. Czechoslovakia gave up the rights to its territory in Szczecin under an agreement signed on 13 January 1956.[30]

Saimaa Canal: the longitudinal half of the canal in Russia is leased by Finland until 2063. Russian law is in principle valid, but in reality Finland maintains the area.

Land for the Captain Cook Monument was deeded outright to the British government by the independent nation of Hawaii in 1877

One or more parcels/holdings of land in most countries is owned by other countries. Most instances are exempt from taxes. In the special case of embassies/consulates these enjoy special privileges driven by international consensus particularly the mutual wish to ensure free diplomatic missions, such as being exempt from major hindrances and host-country arrests in ordinary times on the premises. Most non-embassy lands in such ownership are also not enclaves as fall legally short of extraterritoriality, they are subject to alike court jurisdiction as before their grant/sale in most matters. Nonetheless, for a person's offence against the property itself, equally valid jurisdiction in criminal matters is more likely than elsewhere, assuming the perpetrator is found in the prosecuting authority's homeland. Devoid of permanent residents, formally defined new sovereignty is not warranted or asserted in the examples below. Nonetheless, minor laws, especially on flag flying, are sometimes relaxed to accommodate the needs of the accommodated nation's monument.

Embassies enjoy many different legal statuses approaching quasi-sovereignty, depending on the agreements reached and in practice upheld from time-to-time by host nations. Subject to hosts adhering to basic due process of international law, including giving warnings, the enforced reduction of scope of a foreign embassy has always been a possibility, even to the point of expelling the foreign embassy entirely, usually on a breakdown of relations, in reaction to extreme actions such as espionage, or as another form of sanction. The same seems to be possible in profit-driven moving or drilling under any of the sites below, providing safeguards as the structure or a new replacement site. The same possible curtailments and alterations never apply to proper exclaves.

The Vimy Memorial in France, which commemorates the Battle of Vimy Ridge. The French government permanently granted the about 91 ha (220 acres) to Canada as a war memorial in 1922 in recognition of Canada's military contributions in World War I in general and at Vimy Ridge in particular.[36]

The Captain Cook Monument at Kealakekua Bay and about 25 square feet (2.3 m2) of land around it in Hawaii, United States, the place where James Cook was killed in 1779, is owned by the United Kingdom.[41][42][43][44] An historian on the occasion of the monument's 50th anniversary recorded in 1928 that the white stone "obelisk monument [was] erected to the memory of Captain Cook, about 1876, and on land deeded outright to the British Government by Princess Likelike, sister of King Kalakaua, about the same year, so that that square is absolute British Territory."[45] Hawaii was a sovereign nation at the time. According to MacFarlane, "The land under the monument was deeded to the United Kingdom in 1877 and is considered as sovereign non-embassy land owned by the British Embassy in Washington DC. ... the Hawaiian State Parks agency maintained that as sovereign British territory it was the responsibility of the UK to maintain the site."[46]

Tiwinza in Peru: In the 1998 peace agreement following the 1995 Cenepa War, Peru ceded to Ecuador the property, but not the sovereignty, of one square kilometer within Tiwinza (where 14 Ecuadorian soldiers were buried). Ecuador had established a frontier military outpost in Tiwinza, an area that was specified in the agreement as belonging to Peru.[47][48]

Changes in borders can make a railway that was previously located solely within a country traverse the new borders. Since diverting a railway is expensive, this arrangement may last a long time. This may mean that doors on passenger trains are locked and guarded to prevent illicit entry and exit while the train is temporarily in another country. Borders can also be in the "wrong" place, forcing railways into difficult terrain.

The Knin – Bihać railway between Croatia and Bosnia is split by the Croatian–Bosnian border several times. Similarly, the Savski Marof – Imeno railway was split by the Slovenian–Croatian border several times.

Belarus/Lithuania: Adutiškis railway station straddles the Lithuania/Belarus border. Trains pass through Lithuanian territory while traveling to and from Belarus, and platforms are in both Belarus and Lithuania. The station is now mainly used for freight.

Senegal is practically and inconveniently divided in two by the sovereign territory of Gambia. The easiest way to travel from northern Senegal to the southern Casamance region is through Gambia via the Trans-Gambia Highway, with a connecting ferry being the only way to cross the Gambia River. The fare for the ferry crossing is a source of contention between the two countries.[55][56] In 2015, a road bridge is under construction.[57]

Between 1963 and 2002 the N274 road from Roermond to Heerlen, part of Dutch territory, passed through the German Selfkant, which had been annexed by the Netherlands after the Second World War but returned to Germany in 1963.

Close to Narvik, a road from Norway twice enters and leaves Swedish territory, following the southern shore of the Kjårdavatnet lake. It does not connect with any other Swedish road in either location before it enters Norwegian land once more.[59][60]

Road 402 between Podsabotin and Solkan in Slovenia, built when Slovenia was a state of Yugoslavia, passes through part of Italy. The road is confined by high concrete walls topped by fences; as Slovenia and Italy are now both signatories to the Schengen agreement, the barriers are little more than historical curiosities.

The Saatse Boot Road in Estonia, between the villages of Lutepää and Sesniki, passes through Russian territory. The stretch of road passing through Russia is flanked by barbed wire fences and guard towers. Stopping and/or getting out of one's vehicle on the stretch of road is forbidden; the rule is enforced by Russian border guards.

Hopkins Road north of Newark, Delaware, briefly enters Pennsylvania where the Twelve-Mile Circle meets the Mason–Dixon Line. The road is maintained by Delaware, and it appears that at one time Arc Corner Road in Pennsylvania may have intersected here. Further east, Beaver Dam Road enters Chadds Ford Township, Pennsylvania at the intersection of Beaver Valley Road and re-enters Delaware about 0.5 miles later. The section of road in Pennsylvania is in rough shape, and it is unclear who is supposed to maintain this section.

Several bridges cross the rivers Oder and Neisse between Germany and Poland. To avoid needing to coordinate their efforts on a single bridge, the two riparian states assign each bridge to one or the other; thus Poland is responsible for all maintenance on some of the bridges, including the German side, and vice versa.[65]

The Hallein Salt Mine crosses from Austria into Germany. Under an 1829 treaty Austria can dig under the then-Kingdom of Bavaria. In return some salt has to be given to Bavaria, and up to 99 of its citizens can be hired to work in the Austrian mine.[66]

The twin town of TornioHaparanda or HaparandaTornio lies at the mouth of river Tornio, Tornio on the Finnish side and Haparanda on the Swedish side. The two towns have a common public transportation, as well as cultural services, fire brigade, sports facilities etc.

The Basel Badischer Bahnhof is a railway station in the Swiss city of Basel. Although situated on Swiss soil, because of the 1852 treaty between the Swiss Confederation and the state of Baden (one of the predecessors of today's Germany), the largest part of the station (the platforms and the parts of the passenger tunnel that lead to the German/Swiss checkpoint) is treated administratively as an inner-German railway station operated by the Deutsche Bahn. The shops in the station hall, however, are Swiss, and the Swiss franc is used as the official currency there (although the euro is universally accepted). The Swiss post office, car rental office, restaurant and a cluster of shops are each separately located wholly within a surrounding station area that is administered by the German railway.[67] The customs controls are located in a tunnel between the platforms and the station hall; international trains which continue to Basel SBB usually have on-board border controls.

The Mainland Port Area in Kowloon High Speed Railway Station in downtown Hong Kong is under the jurisdiction of the Mainland Chinese authorities and courts. The 30 km long underground tunnel to the border is under Hong Kong jurisdiction, however, the train compartments of any train in operation (that is carrying passengers to or from the Mainland) are subject to Mainland Laws and jurisdiction.[69] This arrangement was created to allow for immigration clearance to occur in Hong Kong for all trains travelling to and from the Mainland of China.

As a legacy of the British colonial period, the Malaysian rail network had its southern terminus at Tanjong Pagar railway station in central Singapore. The land on which the station and the rail tracks stood was leased to Keretapi Tanah Melayu, the Malaysian state railway operator. Consequently, Malaysia had partial sovereignty over the railway land.[70] Passengers had to clear Malaysian customs and immigration checks at Tanjong Pagar before boarding the train to Malaysia, even after Singapore shifted its border control facility to the actual border in 1998 and objected to the continued presence of Malaysian officials at the station. After a 20-year long dispute, the station was closed in 2011 and the railway land reverted to Singapore.[70] A remnant of the rail corridor is still in use; KTM trains now terminate at Woodlands Train Checkpoint in northern Singapore near the border, which houses Malaysian and Singaporean border controls for rail passengers.[71]

^Webster's Encyclopedic Unabridged Dictionary of the English Language. 1989. p. 1304. Servitude: Law. A right possessed by one person with respect to another's property, consisting either of a right to use the other's property, or a power to prevent certain uses of it.

^"Uncertain future for Camp Zeist". BBC News. 2002-03-14. Retrieved 2011-01-30. The former military base at Camp Zeist in Holland has been under Scottish jurisdiction for more than three years. The base was converted into a prison and a courtroom to provide the venue for the Lockerbie trial – the largest and most expensive ever conducted under Scots law.

^Melamid (1968) states, "Contiguous territories of states which for all regular commercial and administrative purposes can be reached only through the territory of other states are called pene-enclaves (pene-exclaves). These have virtually the same characteristics as complete enclaves (exclaves)."

^"Jervis Bay Territory Governance and Administration". Although the Jervis Bay Territory is not part of the Australian Capital Territory, the laws of the ACT apply, in so far as they are applicable and, providing they are not inconsistent with an Ordinance, in the Territory by virtue of the Jervis Bay Acceptance Act 1915. The Department of Regional Australia, Local Government, Arts and Sport. Retrieved 17 January 2013.

^"The American Battle Monuments Commission". "The site, preserved since the war by the French Committee of the Pointe du Hoc, which erected an impressive granite monument at the edge of the cliff, was transferred to American control by formal agreement between the two governments on 11 January 1979 in Paris, with Ambassador Arthur A. Hartman signing for the United States and Secretary of State for Veterans Affairs Maurice Plantier signing for France". Retrieved October 29, 2012.

^"Suworow monument". Andermatt-Urserntal Tourism. Retrieved 2017-02-17. The 449 m² of rocks and 114 m² of access road is Parcel No. 725 of the land register of Andermatt, owned by the Russian Embassy in Berne. As in almost all examples in this list the parcel remains fully, in jurisdiction, that of the host country.